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PC Min 03/23/2004 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDA Y MARCH 23, 2004 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of March 23, 2004, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Doorley and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissi oner: Commissioner: Commissioner: George Doorley Elizabeth Gibbons Bob Alderete Tom Francois Joseph D. Hernandez Michael Rocha Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: City Attorney Reporting Secretary: Sharon Fierro Geoff I. Bradley Tim J. Haley Melinda Denis William Seligmann Corinne A. Shinn APPROV AL OF MINUTES Motion: On motion of Commissioner Hernandez, seconded by Commissioner Rocha, the Planning Commission minutes of March 9, 2004, were approved as submitted. (4-0-0-3;Commissioners Alderete, Doorley and Francois abstained; Commissioner Gibbons abstained only for the portion of the minutes relating to Agenda Item #1) COMMUNICA TIONS There were no communication items. - . ... . ~, Planning Commission Minutes of March 23, 2004 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements ORAL REQUESTS There were no oral requests. *** PUBLIC HEARING Chair Doorley read Agenda Item No.1 into the record. 1. PLN2003-139(ZC) PLN2003-140 (PD) PLN2003-141(TS) PLN2004-11 (TRP) Abdollahi, A. Continued Public Hearing (from the Planning Commission meeting of March 9, 2004) to consider the application of Mr. Akbar Abdollahi for the development of property owned by Mr. Masud Maesumi located at 213 W. Rincon Avenue in an R-2-S (Multiple Family Residential) Zoning District as follows: Zone Change (PLN2003-139) from R-2-S (Multiple Family Residential) to P-D (Planned Development); Planned Development Permit (PLN2003-140) to allow the construction of five attached townhome units; Tentative Subdivision Map (PLN2003-141) to create six lots (five single-family and one common lot; and Tree Removal Permit (PLN2004-11) to allow the removal of one cedar tree. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: April 6, 2004. Project Planner: Tim J. Haley, Associate Planner Commissioner Gibbons announced that she must recuse herself from Agenda Items 1 and 2 due to the proximity of these two project sites to her home. She left the dais and Council Chambers for the duration of these two public hearing items. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking approval for the construction of five townhomes on property located at 213 W. Rincon Avenue. . Described the proposed density as being 11.9 units per gross acre. The General Plan Land Use designation is Medium Density Residential, which allows a density range between 14 and 20 units per gross acre. . Said that the project includes five attached townhome units with a floor area ratio of .67. The buildings are two-story and L-shaped. Twenty on site parking spaces will be provided with 10 of them being covered and 10 being uncovered tandem spaces. The units range between 1,700 and 1,950 square feet with attached two-car garages. The building height is 26 feet. The maximum building height allowed under code is 35 feet. . Reported that the surrounding uses include apartments to the north, townhomes to the south, condominiums to the east and single-family residences and apartments to the west. . Listed the necessary approvals as being a Zone Change, a Planned Development Permit, a Tentative Subdivision and a Tree Removal Permit to allow the removal of one cedar tree located at the center of the property. . Advised that two larger cedar trees at the front of the property would be retained. - .... " Planning Commission Minutes of March 23, 2004 Page 3 . Described the project as consisting of a Mediterranean-style architecture using ledgestone, arches and tile roofs. . Recommended the adoption of resolutions that recommend that Council approve a Zone Change, Planned Development Permit, Tentative Subdivision and Tree Removal Permit and find this project to be Categorically Exempt under CEQA. . Said that this proposal was reviewed by SARC. . Stated he would be available for any questions from the Commission. Commissioner Rocha presented the Site and Architectural Review Committee follows: . SARC reviewed this project on February 24, 2004, and was supportive encouragement of adding decorative paving to the driveway. . Stated that this project has been well thought out and is a nice project. report as with the Chair Doorley opened the Public Hearing for Agenda Item No.1. Chair Doorley closed the Public Hearing for Agenda Item No.1. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Hernandez, the Planning Commission took the following actions for property located at 213 W. Rincon Avenue: 1. Adopted Resolution No. 3544 recommending that the City Council approve a Zone Change (PLN2003-139) from R-2-S (Multiple Family Residential) to P-D (Planned Development; 2. Adopted Resolution No. 3545 recommending approval of a Planned Development Permit (PLN2003-140) to allow the construction of five attached townhome units; 3. Adopted Resolution No. 3546 recommending approval of a Tentative Subdivision Map (PLN2003-141) to create six lots (five single-family and one common lot) and 4. Adopted Resolution No. 3547 recommending approval of a Tree Removal Permit (PLN2004-11) to allow the removal of one cedar tree, by the following roll call vote: A YES: Alderete, Doorley, Francois, Hernandez, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: Gibbons *** Chair Doorley read Agenda Item No.2 into the record. -. ... " Planning Commission Minutes of March 23,2004 Page 4 2. PLN2004-08 (zq PLN2004-09 (PD) PLN2004-10 (PM) Shakeri, O. Public Hearing to consider the application of Mr. Omid Shakeri, on behalf of the Ridgecrest Group, for a Zone Change (PLN2004-08) from R-2-S (Multiple Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2004-09) to allow the construction of three townhome units and a Tentative Parcel Map (PLN2004-10) to create three residential lots on property owned by Mr. Hadi Ghafouri located at 243 W. Rincon Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: April 20, 2004. Project Planner: Tim J Haley, Associate Planner Chair Doorley advised that this item is proposed for continuance to the next regular meeting and opened the Public Hearing for Agenda Item No.2. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Alderete, the Planning Commission continued consideration of the project located at 243 W. Rincon to the next regular Planning Commission meeting on April 13, 2004. (6-0-0-1; Commissioner Gibbons abstained) Commissioner Gibbons rejoined the Commission on the dais following the conclusion of Agenda Item No.2. *** Chair Doorley read Agenda Item No.3 into the record. 3. PLN2004-14 Malli, S. Public Hearing to consider the application of Mr. Sadananda Malli, on behalf of ATZ Noodles, for a Conditional Use Permit (PLN2004-14) to allow a on-sale beer and wine liquor license and outdoor seating in conjunction with a restaurant on property owned by California Pruneyard Limited Partnership located at 1875 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow beer and wine sales and outdoor seating in conjunction with a new restaurant at the Pruneyard. . Described the new restaurant as being located at the center of the shopping center and consisting of approximately 2,250 square feet. The outdoor seating (24 seats) would be located in the courtyard. The interior of the restaurant will have 60 seats. . Recommended that the Commission adopt a resolution approving a Conditional Use Permit for outdoor seating and a beer and wine license. . Informed that as there are no design issues, this item did not go to SARC for review. - . ... . f' Planning Commission Minutes of March 23, 2004 Page 5 Commissioner Hernandez asked the distance between the front of the restaurant and the outdoor seating area. Associate Planner Tim J. Haley replied 10 to 15 feet. Commissioner Hernandez asked how this distance compares to other restaurants. Associate Planner Tim J. Haley pointed out that most restaurants have room nearer to their restaurant. Commissioner Hernandez asked if there are any concerns about flow of traffic between the restaurant and its outdoor seating. Associate Planner Tim J. Haley replied no. Commissioner Rocha asked how the outdoor seating area would be delineated. Associate Planner Tim J. Haley responded that a low fence, either wrought iron or tubular steel would be used. Commissioner Rocha asked if there are any concerns regarding having serving staff crossing the walkway to access the outdoor seating area. Commissioner Roseberry asked if there would be servers or if patrons would bus their own tables. Associate Planner Tim J. Haley deferred this question to the applicant. Commissioner Alderete pointed out that El Burro is a good example of a fenced in outdoor seating area that is separated from its restaurant by a walkway. It has operated that way for a long time. Commissioner Gibbons asked about plans for the location and use of a busing station. Associate Planner Tim J. Haley said he was not sure. Chair Doorley opened the Public Hearing for Agenda Item No.3. Mr. Sadananda Malli, Applicant: . Advised that that their restaurant will serve the best of Asian foods. . Reported that this is a franchise restaurant out of Canada Chair Doorley asked if there would be a wait staff. Commissioner Gibbons stressed the importance of cleanliness and questioned the operation of the busing station in the outdoor area. She also asked whether real or paper plates would be used. She stated that this is a great idea and that she likes the concept of outdoor seating. -. ... Planning Commission Minutes of March 23,2004 Page 6 Mr. Sadananda Malli replied that this is a full service restaurant with real plates. He assured that the busing station would be kept clean and not stacked with unsightly used dishes. Commissioner Rocha asked if the servers remove the used dishes or would there be a bus boy. Mr. Sadananda Malli replied that bus boys would clear the used dishes. Commissioner Rocha clarified that this is a full service restaurant. Mr. Sadananda Malli replied yes. Commissioner Alderete asked about the furniture recommendations from the Pruneyard and whether these are the ones that would be used. Mr. Sadananda Malli replied that these represent the minimum standards but that they perhaps would go with even better furnishings with the approval of the landlord. Chair Doorley closed the Public Hearing for Agenda Item No.3. Commissioner Gibbons suggested that a condition be added that no storage of dirty dishes be allowed in the busing area. Chair Doorley asked staff for assistance. Director Sharon Fierro proposed that Condition 6E be added, "Dirty dishes are not to be stored at the outdoor busing station." Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3548 approving a Conditional Use Permit (PLN2004-14) allowing an on-sale beer and wine liquor license and outdoor seating in conjunction with a restaurant at 1875 S. Bascom Avenue with the modified conditions to include the language concerning the maintenance of the outdoor busing station, and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: *** Chair Doorley read Agenda Item No.4 into the record. - . .- . T' , , Planning Commission Minutes of March 23, 2004 Page 7 4. PLN2003-149(PD) PLN2003-150(PM) Nader, Q. Public Hearing to consider the application of Mr. Que Nader, on behalf of Recon Development, for a Planned Development Permit (PLN2003-149) to allow the construction of four townhome units and a Tentative Parcel Map (PLN2003-150) to create four lots and a common drive on property owned by Mr. Que Nader located at 549 W. Rincon A venue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: April 20, 2004. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that this application is similar to the first one considered this evening without a Zone Change. . Explained that this site is already zoned Planned Development. . Described the property as being on the north side of W. Rincon A venue, across the street from John D. Morgan Park. . Stated that surrounding uses include townhomes to the west, a school to the north, single- family residences to the east and the park to the south. . Stated that the applications are for a Planned Development Permit and Parcel Map to allow the construction of four townhomes. . Said that the proposed density is 13.8 units per gross acre and the floor area ratio is .7. The buildings are two-story duets. There are two buildings. . Advised that 14 parking spaces are provided, meeting the 3.5 spaces per unit required, and includes tandem spaces in addition to garage spaces. . Recommended the adoption of resolutions forwarding a recommendation of approval to Council and that the project be found Categorically Exempt under CEQA. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on March 9, 2004, and was supportive of the design. . Advised that the applicant worked closely with staff to provide ample outdoor space and parking. Chair Doorley opened the Public Hearing for Agenda Item No.4. Chair Doorley closed the Public Hearing for Agenda Item No.4. Commissioner Hernandez stated that a great job was done in maintaining setbacks and that this project is a good example of a well designed plan. Expressed his support. Commissioner Gibbons said that another good thing with this project is the fact that the two rear units were flipped so that the garage is not so visible as viewed from the front and the use of textured paving on the driveway. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Roseberry, the Planning Commission took the following actions for .- .... . " Planning Commission Minutes of March 23, 2004 Page 8 property located at 549 W. Rincon Avenue, finding the project to be Categorically Exempt under CEQA, and: 1. Adopted Resolution No. 3549 recommending that the City Council approve a Planned Development Permit (PLN2003-149) to allow the construction of four townhome units and 2 Adopted Resolution No. 3550 recommending approval of a Tentative Parcel Map (PLN2003-150) to create four lots and a common drive, by the following roll call vote: A YES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None *** Chair Doorley read Agenda Item No.5 into the record. 5. PLN2004-04 Morelan Associates, Inc. Public Hearing to consider the application of Morelan Associates, Inc., on behalf of KAJ LLC, for a Site and Architectural Review Permit (PLN2004-04) to allow the remodel of an existing warehouselindustrial building on property owned by KAJ LLC located 161 Curtner Avenue in an M-I-S (Light Industrial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Project Planner: Melinda Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: . Advised that the applicant is seeking a Site and Architectural Review Permit to allow the remodel of an existing warehouselindustrial building. . Described the project site as being on the north side of Curtner Avenue, near McGlincy Lane, and that the surrounding uses are industrial. . Added that both the General Plan and Zoning designations are Light Industrial. . Said that the two structures on the site were constructed in 1969. The front building (1) is a single-story. The rear building (2) is a two-story warehouse. The site is the location of a former plumbing supply business. . Advised that the applicant will reduce the existing square footage to allow a variety of uses on the site. Additionally, three new covered parking spaces would be created for a total of 21 spaces. . Stated that minor architectural changes would occur, including the removal of part of a rear wall on Building 1 to create the additional parking and the removal of a rollup door from Building 2 as well as the removal of existing square footage from Building 2. . Recommended that the Commission adopt a resolution approving this application to allow this remodel. - . ... " Planning Commission Minutes of March 23, 2004 Page 9 Commissioner Gibbons stated that this is an awkward site where building coverage is larger than the available parking. The reduction in square footage is required to provide adequate parking. Stated that she is looking for a condition to make sure that the newly created parking spaces are not filled in or made unavailable for parking. Planner Melinda Denis pointed out that the findings call out the parking requirement. Director Sharon Fierro added that language could be added to the conditions "all required parking shall be maintained and available for parking of vehicles at all times." Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: . SARC reviewed this proposal on March 9th and was supportive. Chair Doorley opened the Public Hearing for Agenda Item No.5. Chair Doorley closed the Public Hearing for Agenda Item No.5. Commissioner Rocha stated that his only concern is the likelihood that this site will wind up being automotive uses and that such uses can be very unsightly. Recommended that light industrial uses be pursued as the two types of uses are not compatible on the same site. Chair Doorley said that he shares this concern. Director Sharon Fierro advised that there is no request for outdoor storage at this time. Outdoor storage would require a Use Permit under the new Zoning Code. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3551 granting a Site and Architectural Review Permit (PLN2004-04) to allow the remodel of an existing warehouse/industrial building on property owned by KAj LLC located at 161 Curtner Avenue with the added Condition 6-B to read "All required parking shall be maintained on site and not turned into a service bay or storage and there shall be no overnight parking," and found this project to be Categorically Exempt under CEQA, by the following roll call vote: A YES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Doorley advised that this action is final unless appealed in writing to the City Clerk in 10 days. - . ... . ~, Planning Commission Minutes of March 23, 2004 Page 10 *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Advised that Council took first reading of the Zoning Code Update. The second reading will occur under Consent at the April 6t Council meeting. . Added that Council has approved the Planned Development Permit for 1396 W. Latimer A venue. . Informed that grant applications have been approved for improvements to the WinchesterIHacienda Ponds as well as the extension of the creek trail at San Tomas and Smith Creeks. These are Measure B funds. . Said that the next Planning agenda will consist of five items, including the Kohl's project. . Reminded that a Study Session would occur on March 30th to continue the discussion of the Kohl's site. . Announced that a neighborhood meeting would be held this Thursday, March 25th at City Hall. ADJOURNMENT The Planning Commission meeting adjourned at 8: 17 p.m. to a Study Session on March 30, 2004, and subsequently to the next Regular Planning Co ml ion Meeting of April 13, 2004. SUBMITTED BY: APPROVED BY: ATTEST: Doorley, Chair d~~ /Sharon Fierro, Secre ary - ~ .- 'r